Signed and Approved Staff Report & Decision
Land Use Process II Decision
and Staff Report
July 26, 2023
I. Project Information
Permit Number(s): 18-101508-UP
Project Name: Plant 2 LLC Car Wash
City Staff Contact:
Becky Chapin, Senior Planner
253-835-2641
becky.chapin@cityoffederalway.com
Applicant:
Colleen Harris, Apex Engineering
2601 South 35th Street, #200
Tacoma, WA
253-473-4494 ex.1116, harris@apexengineering.net
Property Owner:
Eric Corliss, Plant 2 LLC
3106 Sumner-Tapps Hwy, Suite A
Lake Tapps, WA
253-826-5003, ericc@canyoncompany.com
Property Address: 35053 16th Avenue South
Parcel Number(s): 202104-9116
Zoning District: Commercial Enterprise (CE)
Comprehensive Plan
Designation: Commercial Enterprise
Adjacent Uses:
North: Commercial
South: 16th Ave S with Commercial across the street
East: S 352nd St with Commercial across the street
West: Commercial
Project Description: Construction of a new 4,833 square foot car wash facility and
vacuum stalls in the SE portion of the parcel.
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II. Background
The request is for a new 4,833 sq. ft. car wash tunnel with vacuum stalls, surface parking,
landscaping, and associated site improvements. The car wash is proposed on the eastern portion of the
parcel containing approximately 0.97 acres of the site. The western portion of the site will maintain
the existing use as a cement concrete batch plant. See Attachment A and B for the site plan and
elevation drawings.
In December 2020, a Notice of Violation (NOV) was posted to the site for development code and
water quality violations (File # 20-104877-VO). The proposal for the car wash was placed on-hold
pending appeal litigation; a land use decision cannot be issued until the NOV is resolved. The NOV
and associated litigation has since been resolved and the City can now issue a land use decision on the
car wash proposal.
Parcel
Vicinity
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III. Statement of Findings
1. Zoning Compliance
Zoning Consistency
Proposed Use Allowed
Car Wash ✓Yes
FWRC 19.240.050 Required Provided
Minimum Lot Size None N/A
Front Setback 20-ft >20 ft
Side Setback 15-ft >15 ft
Rear Setback 15-ft >15 ft
Height 40 ft 33 ft
Parking 17 stalls1 17 stalls2
1 Per FWRC 19.225.040, 1 space for each 300 sq. ft. of gross floor area. Total gross floor area is 4,833 sq. ft. /
300 sq. ft. = 16.11. Per FWRC 19.130.040, fractions will be rounded up to the next higher whole number.
2 The proposal includes parking for 13 vacuum stations and 4 parking stalls, for a total of 17 stalls. There are 15
stalls adjacent to the car wash tunnel building and 2 additional stalls in the southwest corner of the site.
2. Decisional Criteria – Pursuant to FWRC 19.60.040 and 19.60.050 and based on the
Findings of Fact and Conclusions contained in this Staff Report, the following for the
project (as conditioned) are true:
(a) The proposal is consistent with the comprehensive plan; and,
▪ The proposal is consistent with the Federal Way Comprehensive Plan; see the
Comprehensive Plan related section of this report.
(b) The proposal is consistent with all applicable provisions of Title 19; and
▪ The proposal is consistent with the applicable regulations as detailed in this
report.
(c) The proposal is consistent with the public health, safety, and welfare; and,
▪ The Community Development and Public Works Departments, along with
Lakehaven Water & Sewer District and South King Fire & Rescue, have
reviewed the project for conformance with codes designed to protect the public
health, safety, and welfare. Final construction drawings will be reviewed at the
building permit stage.
(d) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal; and,
▪ The streets and utilities in the area of the subject property are adequate to serve
the anticipated demand from the proposal; see the Transportation, Water &
Sewer, and Stormwater related sections of this report.
(e) The proposed access to the subject property is at the optimal location and
configuration for access; and,
▪ The subject property is served by two existing driveways off 16th Ave. S. and S.
352nd St.; see the Transportation-related sections of this report.
(f) Traffic safety impacts for all modes of transportation, both on and off site, are
adequately mitigated; and,
▪ Traffic safety impacts for all modes of transportation, both on and off site, are
adequately mitigated; see the Transportation-related sections of this report.
(g) It is consistent with site design standards set forth in FWRC 19.115.050 for all
zoning districts; and,
▪ The project has been designed to meet applicable community design guidelines,
see the Community Design Guidelines section of this report.
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(h) It is consistent with applicable supplemental guidelines set forth in FWRC
19.115.090; and
The project has been designed to meet applicable community design guidelines,
see the Community Design Guidelines section of this report.
(i) For development applications for remodeling or expansion of an existing
development, it is consistent with those provisions of Chapter 19.115 FWRC,
Community Design Guidelines, identified by the director as being applicable.
▪ This provision is not applicable as this is not a remodel or expansion of an
existing development.
3. State Environmental Policy Act (SEPA) – Pursuant to FWRC 14.15.030 (Categorical
Exemptions – Flexible Thresholds), the project was determined to be SEPA exempt.
4. Public Comment & Notice – Pursuant to FWRC 19.15.010(3)(b), no public notice is
required for a Process II.
5. These findings are based on a review of city documents and items submitted by the
applicant and received on April 13, 2018, and subsequent resubmittals on November 5,
2018, December 13, 2019, and August 12, 2020.
6. The proposal is consistent with ensuring that the health, safety, and welfare of the citizens
of the city is preserved.
7. The proposal meets all of the zoning standards as demonstrated by the Table contained in
this document.
8. Comprehensive Plan - The Federal Way Comprehensive Plan (FWCP) designation for
the subject property is Commercial Enterprise. The FWCP contains the following goals
and policies that support the proposal:
• LUG5 Develop a quality commercial enterprise environment characterized by viable,
vibrant, and attractive mix of commercial, retail, office, industrial, and supportive
uses and utilize locational and design criteria to ensure compatibility between uses.
o The proposal is for a car wash, a commercial use. The project is subject to the
zoning standards in the use zone chart. In addition, the proposed perimeter
landscape buffer provides a visual buffer. The project is also subject to applicable
design guidelines within FWRC Chapter 19.115.
• LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive
uses to meet the needs of workers and consumers, in well integrated, well-
functioning, high quality developments.
o The proposal is for a car wash, a commercial use, designed and intended to meet
the needs of customers in the vicinity. The city code contains provisions to
ensure well integrated quality development.
• LUP36 Require development to be compatible and well-integrated into its
surroundings and adjacent zones through site and building design and development
standards that reduce or eliminate land use conflicts and nuisance impacts; ensure
project aesthetics; promote sharing of public facilities and services; and improve
vehicular and pedestrian traffic flow and safety, including access control and off-
street interconnectivity between adjoining properties where feasible.
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o The project is subject to the zoning standards in the use zone chart that regulates
design and building standards. In addition, the perimeter landscape buffer
provides additional visual buffer between compatible uses. The project is also
subject to applicable design guidelines within FWRC Chapter 19.115. The city
code contains provisions to ensure well integrated quality development. Internal
pedestrian connections are proposed. Off-street interconnectivity between
adjoining properties is provided by sidewalks, however the car wash use is a car
dominate use.
9. Review Process – The proposed use located in the Commercial Enterprise (CE) zone is
subject to the development review procedures of Use Process II, set forth in FWRC
Chapter 19.60. The proposal meets the decisional criteria found in this Chapter.
10. Environmental Review – The proposal has been reviewed for SEPA compliance, as
described in this Staff Report.
11. Tacoma Smelter Plume – The former Asarco copper smelter in Tacoma caused
widespread soil contamination with lead and arsenic in parts of King, Pierce, Kitsap, and
Thurston counties. This 1,000 square mile area is known as the Tacoma Smelter Plume.
The state cleanup level for arsenic is 20 parts per million (ppm). According to the
Department of Ecology map checked in 2023, the subject property is located in the
Tacoma Smelter Plume detect area containing under 20 ppm arsenic; therefore, testing of
site soils is not applicable.
12. Clearing & Grading – Grading of the site includes 228 cubic yards of cut and 1009 cubic
yards of fill. Clearing/grading activities will also be reviewed for consistency with
applicable standards outlined in FWRC Chapter 19.120 as part of construction
permitting.
13. Landscaping – Per FWRC 19.125.060(9), for uses within the CE zone, Type III, “Visual
Buffer,” landscaping of five feet in width shall be provided along all property lines
abutting public rights-of-way and access easements and along the perimeter of the
property abutting a nonresidential zoning district. See Attachment C for the landscape
plan.
a. The landscape plan shows 5’ of Type III landscaping proposed along the
perimeter of the entire parcel, including the existing concrete batch plant portion
of the site. The landscape plan demonstrates compliance with providing Type III
landscaping five feet in width along the north, east, south, and west property
lines.
b. Per FWRC 19.125.070(2)(a)(i)(A), interior parking lot landscaping in the amount
of 20 square feet per parking stall is required for the 17 parking stalls (17 parking
spaces x 20 square feet = 340 square feet). The submitted landscape plan
illustrates 131 square feet of interior parking lot landscaping. The landscape plan
details parking lot landscaping only being required for the 4 parking stalls and
not the vacuum station stall. The 13 vacuum stalls are surface parking and must
be included with the parking lot landscaping calculation.
▪ The landscape plan submitted with the building permit will need to provide
340 square feet of parking lot landscaping, and this shall be made a condition
of approval.
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c. Per FWRC 19.125.070(5), parking areas adjacent to the public right-of-way shall
incorporate berms at least three feet in height within the perimeter landscape
areas; or alternatively, add substantial shrub plantings to the required perimeter
landscape type, and/or provide architectural features of appropriate height with
landscaping to act as efficient for the three-foot berm.
▪ The landscape plan submitted with the building permit will need to provide
screening of the parking areas adjacent to the right-of-way.
d. Per FWRC 19.125.040(2) “All outside storage areas shall be fully screened by
Type I landscaping a minimum of five feet in width.” Per FWRC 19.125.040(4)
“All trash enclosures shall be screened from abutting properties and/or public
rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate
landscape screen.” The site plan and landscaping plan demonstrate Type I
landscaping and CMU block wall around the trash enclosure, satisfying the
requirements per FWRC 19.125.040.
e. Retaining Walls & Fences – The plan set does not depict any retaining walls,
which are subject to FWRC 19.120.120.
14. Tree Density - Each development must maintain a minimum tree unit density composed
of retained trees and/or replacement plantings per FWRC 19.120.130. Per FWRC
19.120.130(2), the minimum tree density in the CE zone is 20 tree units per acre. The
subject property’s required density is 99 tree units (20 tree units x 4.91 acres = 98.2 = 99
tree units). The site does not have any existing trees that will be retained. The landscape
plan proposes 113.5 tree units to be planted. The proposed tree units exceed the minimum
requirement of 99 tree units.
15. Community Design Guidelines – The proposed car wash complies with the provisions of
FWRC Chapter 19.115, “Community Design Guidelines,” that are reasonably related and
applicable to the area of development as detailed below.
a. Crime Prevention Through Environmental Design (CPTED) – A completed CPTED
checklist was submitted with the application and routed to staff for review.
i. The proposal meets many of the CPTED guidelines, such as direct pathways,
and landscaping does not obstruct natural surveillance.
ii. Main entrance/exit will be in view of the street, office, parking area, and/or
driveway.
iii. The trash enclosure is screened and secured.
iv. Direct and visible pathways.
v. The visibility of surface parking will be maintained from the buildings.
vi. Various types of sight lighting will be employed.
b. Site Design – FWRC 19.115.050
i. The site is designed so that physical features, activities, and people will be in
visible locations to maximize their ability to be seen.
ii. Required landscaping is provided, and driveways are visible.
iii. Primary entrances to building is visible or recognizable from the right-of-
way. Pedestrian pathways from rights-of-way to primary entrance, from
parking lots to primary entrance, and pedestrian area, are accessible and
delineated.
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iv. Pedestrian pathways and pedestrian areas are delineated by separate paved
routes using a variation in paved texture and color and protected from
abutting vehicle circulation areas with landscaping.
v. Drive-through stacking lane is separated from the overall parking area by
curb and landscaping.
vi. All outdoor trash enclosure areas will be accessible and screened
appropriately. See Findings #18, regarding garbage/recycling.
c. Building Design – FWRC 19.115.060
i. Site grades are minimal, the building site is essentially flat.
ii. No new fencing or walls are proposed.
iii. The north and south facades are longer than 60 feet and visible from the
right-of-way. A combination of façade modulation, canopies, and landscape
screening are proposed to compliance two of four façade treatments.
iv. The north façade will include recessed windows and material indentation and
variations to articulate the blank wall.
v. The structure will include a built-up tower element for branding and
visibility.
vi. The building will be ground face CMU block and the east and west tower
structure will comprise of an architectural wall panel and composite siding.
d. Building and Pedestrian Orientation – FWRC 19.115.070
i. Building entrance is oriented to the right-of-way.
ii. Pedestrian pathways from rights-of-way to primary entrance, from parking
lots to primary entrance, and pedestrian area, are accessible and delineated.
e. District Guidelines – FWRC 19.115.090(3)
i. Entrance facades face the right-of-way or are clearly visible from the right of
way and will be architecturally emphasized with canopy and material
variations.
ii. Ground-level mirrored or reflective glass is not proposed adjacent to the
right-of-way or pedestrian area.
16. Garbage & Recycling – The solid waste receptacles are located outside of the required
yards and landscape buffers, and landscape screening is proposed around the solid waste
receptacles, see Finding #13. The storage area location does not interfere with the
primary use of the site. The storage area design is consistent with the primary structure.
Per FWRC 19.125.150(6)(d)(ii), storage areas larger than 175 square feet in size must
have a roof covering the storage area. This roof shall provide adequate overhang surface
to prevent the direct entry of precipitation to the enclosure area. Storage areas with a roof
require adequate floor drainage connected and conveyed to sanitary sewer. Precipitation
runoff from the roof shall not be discharged to the sanitary sewer. Roofed or covered
storage areas must provide adequate clearances to allow access by haulers and collection
equipment. The trash enclosure proposed includes an integral roof. A separate building
permit application is required for the garbage enclosure. Compliance with this code
section is required at the time of building permit review.
17. Rooftop Mechanical Equipment – Per FWRC 19.110.070, vents and similar
appurtenances that extend above the roofline must be surrounded by a solid sight-
obscuring screen that is integrated into the architecture of the building and obscures the
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view of the appurtenances from adjacent streets and properties. According to the
Elevation Drawings, no rooftop mechanical equipment is proposed.
▪ Any subsequent addition of rooftop mechanical equipment or outside above-grade
electrical/mechanical equipment not shown on the site plan will require a minor
amendment to the site plan.
18. Lighting – Per FWRC 19.105.030(3), “The applicant shall select, place and direct light
sources both directable and non-directable so that glare produced by any light source, to
the maximum extent possible, does not extend to adjacent properties or to the right-of-
way.”
▪ The applicant must submit a lighting plan as part of the building permit review. A
condition will require this to be addressed prior to building permit issuance.
19. Transportation Concurrency – As a component of the Use Process II application, projects
undergo transportation concurrency analysis according to the State’s Growth
Management Act (GMA); goals and policies of FWCP; and FWRC Chapter 19.90,
“Transportation Concurrency Management.” The City’s Traffic Division reviewed the
concurrency application and determined that all intersections impacted by one or more
weekday evening peak hour trips will meet the city’s Level of Service standards with
programmed improvements. A Capacity Reserve Certificate was issued on December 14,
2018, for development one tunnel car wash. The number of new PM peak hour vehicle
trips generated by the project is 54.
20. Transportation Impact Fee – A transportation impact fee is required and will be
calculated based on the fee schedule in effect at the time of building permit application is
filed and must be paid before building permit issuance, per FWRC 19.100.070.
21. Access – The project proposes to utilize the existing driveway access via existing
driveway at S 352nd Street and the existing vehicular access easement/driveway along
16th Avenue South (Enchanted Pkwy S) along the northern property line.
22. Street Improvements – Per FWRC 19.135.040, the applicant/owner will be expected to
construct street improvements consistent with the planned roadway cross-sections as
shown in Appendix III-A in Chapter III of the Federal Way Comprehensive Plan (FWCP)
and the Capital Improvement Program (CIP), shown as Table III-10. The applicant will
be expected to construct improvements on the following streets to the city’s planned
roadway cross-sections unless otherwise noted:
• SR 161 (Enchanted Parkway South) is a Principal Arterial planned as a Type “A”
street, consisting of a 90-foot street with curb and gutter, six-foot planter strips with
street trees, eight-foot sidewalks, and streetlights in a 124-foot right-of-way.
Assuming a symmetrical cross section, half-street improvements are required as
measured from the street centerline. The frontage on SR 161 (Enchanted Parkway
South) is improved with six lanes, vertical curb gutter, planter strip, sidewalks,
streetlights, etc. However, driveway and ramps may not meet current ADA standards.
The applicant will remove and replace any driveway and/or ramp found to be out of
compliance with current ADA standards during car wash construction.
• South 352nd Street is a Principal Arterial planned as a Type “K” street, consisting of a
44-foot street with curb and gutter, six—foot planter strips with street trees, eight-
foot sidewalks, and streetlights in a 78-foot right-of-way. These improvements were
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recently constructed by the City as part of the South 352nd Street extension capital
protect. As such, no additional improvement is required.
• The applicant submitted a request to waive the block perimeter requirements (File #
18-105598-SM) as part of a Binding Site Plan (BSP) application that was submitted
concurrently with the UPII application. The Public Works Department denied the
waiver request and the applicant is required to provide the means to meet the required
block perimeter standard. The applicant has since withdrawn the BSP application
however; the proposed development still requires the site to meet block perimeter
standards. To meet block perimeter requirements, a north-south Tract X connection
between South 352nd Street and the access roads/drive aisle on The Crossing
properties has been depicted on the Civil Site Plan set. The actual physical
improvements of the Tract X roadway would be deferred until such time as the
remainder of the Plant 2 site is redeveloped.
▪ As a condition of land use approval, the applicant shall designate a Tract “X” in
place of constructing the block perimeter grid street as identified in the December
11, 2018, street modification request under permit 18-105598-00-SM and shown
in the conceptual plans. The Tract “X” must be recorded prior to the issuance of
either a temporary certificate of occupancy (TCO) or certificate of occupancy
(CO). The Tract “X” will be available to the City in the future should it be
needed to be dedicated as Right-of-Way.
23. Stormwater –The proposed development is required to provide full drainage review and
to comply with the 2021 King County Surface Water Design Manual (KCSWDM) and
the Federal Way Addendum to the KCSWDM. The Technical Information Report (TIR)
must be updated to meet the current standards. To meet the storm standard requirements,
an underground detention vault, meeting the conservation flow control criteria, and a
water quality vault, meeting the enhanced basic water quality treatment standard, have
been proposed.
24. The Stormwater System Development Charge (SDC) is based on the amount of new
impervious surfaces added for any development.
25. Water/Sewer – Lakehaven Water & Sewer District is the water and sewer service
provider. Lakehaven issued water & sewer Certificates of Availability for this site on
February 13, 2018. Conditions/requirements indicated on those Certificates are un-
changed.
The applicant must request, through Lakehaven, to have those Certificates re-issued (no
cost) at the time of building permit review.
▪ A condition will require this to be submitted to the city prior to building permit
issuance.
26. South King Fire & Rescue – South King Fire & Rescue comments will be provided at
time of building permit review.
27. Additional Permitting – Additional permitting, such as engineering review and/or
building permits, are required for site development. It is the applicant’s responsibility to
identify and obtain all required City, State, federal, and other agency permits as may be
required.
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28. Approval Duration – Per FWRC 19.15.100(2), “. . .the applicant must substantially
complete construction for the development activity, use of land, or other actions approved
and complete the applicable conditions listed in the use process II decision within five
years after the final decision of the city on the matter, or the decision becomes void. If a
land-use petition is filed under Chapter 36.70C RCW in King County superior court, the
time limits of this section are automatically extended by the length of time between the
commencement and final termination of that litigation. If the development activity, use of
land, or other action approved under this chapter includes phased construction, the time
limits of this section may be extended in the decision on the application, to allow for
completion of subsequent phases.” Time extensions to the decision may be requested
before the lapse of approval following the provisions listed in FWRC 19.15.110.
IV. Conclusions
As conditioned, the proposed site plan application has been determined to be consistent with the
FWCP; with all applicable provisions of the FWRC; and with the public health, safety, and welfare;
the streets and utilities in the area of the subject property are adequate to serve the anticipated demand
from the proposal; the proposed access to the subject property is at the optimal location and
configuration for access; and, the proposed development is consistent with the decisional criteria
required under FWRC.
1. Conditions necessary - Based on the Findings and Conclusions contained in this report,
conditions of approval are necessary, and are proportionately tailored, to ensure the project is
consistent with the City Code and Comprehensive Plan.
a. Project-specific conditions - The following Conditions of approval are hereby
imposed upon the proposed use of the identified property:
1) Prior to building permit issuance, a revised landscape plan is required that
provides parking lot landscaping in the amount of 340 square feet.
2) Prior to building permit issuance, a revised landscape plan is required that
provides a three-foot berm or other landscape/architectural feature to screen the
parking areas adjacent to the right-of-way along South 352nd Street.
3) Prior to building permit issuance, an exterior lighting plan is required.
4) Approval of the site plan is based on the drawings submitted for permit. Any
subsequent addition of rooftop mechanical equipment or outside above-grade
electrical/mechanical equipment not shown on the site plan will require a minor
modification to the approved site plan.
5) The applicant shall designate a Tract “X” in place of constructing the block
perimeter grid street as identified in the December 11, 2018, street modification
request under permit 18-105598-00-SM and shown in the conceptual plans. The
Tract “X” must be recorded prior to the issuance of either a temporary certificate
of occupancy (TCO) or certificate of occupancy (CO). The Tract “X” will be
available to the City in the future should it be needed to be dedicated as Right-of-
Way.
6) Prior to building permit issuance, Certificates of Water and Sewer availability
will need to be re-issued by Lakehaven and submitted.
V. Decision
Based upon the application materials and submitted plans, Attachments A thru C, and the information
contained in this Staff Report and Decision dated July 26, 2023, the Community Development
Director approves the request.
Final construction drawings will be reviewed for compliance with specific regulations, conditions of
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approval, and other applicable city requirements.
This land use decision does not constitute a building permit or authorize clearing/grading activities. If
you have any questions regarding building permit submittal, please contact the Permit Center at
permitcenter@cityoffederalway.com or 253-835-2607.
VI. Signature
Except as provided for in FWRC 19.15.045(4) (Vesting), this land-use decision does not waive
compliance with future City of Federal Way codes, policies, and standards relating to this
development. If you have any questions regarding this decision, please contact Becky Chapin at 253-
835-2641 or becky.chapin@cityoffederalway.com.
Sincerely,
Jonathan Thole
Planning Manager
Appeals
Pursuant to FWRC 19.05.360, the effective date of issuance of this decision is three calendar days
following the date of this Staff Report & Decision. According to FWRC 19.65.120(1), this land-use
decision may be appealed by the applicant; any person who submitted written comments or
information; any person who has specifically requested a copy of the decision; or, the city. In
compliance with FWRC 19.65.120(2), a written notice of appeal must be delivered to the Community
Development Department within 14 calendar days after issuance of the decision. The appeal must be
accompanied by cash or a check, payable to the City of Federal Way, in the amount of the fee as
established by the City. The notice of appeal must contain a statement identifying the decision being
appealed, along with a copy of the decision; a statement of the alleged errors in the director’s
decision, including identification of specific factual findings and conclusions of the director disputed
by the person filing the appeal; and the appellant’s name, address, telephone number, and any other
information to facilitate communications with the appellant. Appeals are governed by Process IV
(Federal Way Hearing Examiner).
VII. Attachments
A. Approved Site Plan
B. Approved Elevations
C. Approved Landscape Plan
Distribution List:
Becky Chapin, Senior Planner
Scott Sproul, Building Official
Cole Elliott, Development Services Manager
Sarady Long, Senior Traffic Engineer - Planning
Brian Asbury, Lakehaven Water & Sewer District
Scott Gerard, South King Fire & Rescue